CHIEF'S SON PROTESTS MEMBERTOU'S MANDATORY DRUG POLICY

John Bonham Paul Says Drug Tests Violate Rights Of Band Employees

SYDNEY - A Membertou man says mandatory drug and alcohol tests that
are being introduced for many band employees are an infringement of
their human rights.

Fishing boat captain John Bonham Paul says drug tests may be
justified in his job but not for employees in some other areas.

Membertou's drug and alcohol policy states the misuse of illicit
drugs, alcohol and medications jeopardize the safety of band members,
employees and customers and are hazards to be eliminated from the workplace.

Drug and alcohol tests will be required for some 285 workers employed
in areas that also include home care, the gaming commission,
entertainment centre, market, restaurant kitchen, environmental
services, public works and housing, and education.

"I can see me, I am in a safety sensitive situation, but I can't see
my 15-year-old niece who works at a concession stand in bingo," Paul
said Monday. "They want to test her and to me that is ridiculous.
That is infringing on human rights, I say."

Paul, whose father is Membertou Chief Terry Paul, has posted signs in
the window of his home that read: "Say no to corporate bullying" and
"Say yes to human rights."

Drug tests can find signs of marijuana for four weeks after use but
signs of harder drugs like crack disappear much sooner, which may
encourage some people to ingest harder drugs, he said.

Membertou's drug and alcohol policy states tests will be required for
band employees in safety and financially sensitive positions where
alertness is important, including employees who work with children
and independent contract workers.

Employees will also be tested on a random basis and can be ordered to
take a test if there is reason to believe they may be under the influence.

Trevor Bernard, the executive director of Membertou, stressed that
the drug tests are a safety rather than a moral policy, and that band
council and administration realize there are human rights issues.

"It is entirely 100 per cent rooted in safety," he said. "We are not
trying to impose morals on anybody about how they live their lives
but we want to ensure for the safety of our workers and liability
reasons, our operations are safe."

Bernard said drug and alcohol drug addiction are seen as disabilities
under human rights legislation and Membertou wouldn't just fire an
employee who had a test that indicated signs of drugs or alcohol.

The drug and alcohol policy says if employees who violate guidelines
against taking controlled substances want to return to active duty,
they must be evaluated by a substance abuse professional, take any
treatment recommended and pass a return to duty test.

Employees violating illicit drug, alcohol or medication guidelines
will be immediately suspended for no less than 24 hours during which
a group of directors will decide on the disciplinary action to be taken.

Employees who have no intention of making themselves fit to work
could lose their jobs, Bernard said.

Jarrod Paul, another fishing captain and John Bonham Paul's brother,
was opposed to drug and alcohol tests for any employees, including
fishermen, who already work under safety rules forbidding drugs or
alcohol on the job.

Jarrod Paul said he has received different stories about whether a
fisherman could lose their job for the season for a failed test.

He also questioned why band council and directors aren't required to
take the tests.

Bernard said some directors in jobs deemed safety or financially
sensitive must take the tests and most if not all of the others, as
well as band councillors, have volunteered to be tested.